
The Law of the Land, Part 1: Article V and the Amendment Process
Akhil Reed Amar, in this installment of his Yale course America's Written Constitution, argues that Article V is the document's most fundamental clause because it governs how everything else can change. He walks through the four amendment pathways, two for proposal and two for ratification, noting the president has no role and the convention route has never been invoked. Amar compares this system to the alternatives the founders knew: the Articles of Confederation, which required unanimous consent and proved effectively unamendable, and various state constitutions that let legislatures rewrite charters freely or fixed amendment to set dates. He revisits his own earlier view that Article V's bar is too high, concluding it screened out more bad proposals than good ones. The lecture closes on the two provisos, the expired protection of the slave trade until 1808 and the guarantee of equal Senate representation, which he argues was added late and poorly considered.